12-1131. Property may be taken only for public use consistent with this article (Caution: 1998 Prop. 105 applies) Eminent domain may be exercised only if the use of eminent domain is authorized by this state, whether by statute or otherwise, and for a public use as defined by this article.
12-1132. Burden of proof (Caution: 1998 Prop. 105 applies) A. In all eminent domain actions the judiciary shall comply with the state constitution’s mandate that whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, […]
12-1133. Just compensation; slum clearance and redevelopment (Caution: 1998 Prop. 105 applies) In any eminent domain action for the purpose of slum clearance and redevelopment, if private property consisting of an individual’s principal residence is taken, the occupants shall be provided a comparable replacement dwelling that is decent, safe, and sanitary as defined in the […]
12-1134. Diminution in value; just compensation (Caution: 1998 Prop. 105 applies) A. If the existing rights to use, divide, sell or possess private real property are reduced by the enactment or applicability of any land use law enacted after the date the property is transferred to the owner and such action reduces the fair market […]
12-1135. Attorney fees and costs (Caution: 1998 Prop. 105 applies) A. A property owner is not liable to this state or any political subdivision of this state for attorney fees or costs in any eminent domain action or in any action for diminution in value. B. A property owner shall be awarded reasonable attorney fees, […]
12-1136. Definitions (Caution: 1998 Prop. 105 applies) In this article, unless the context otherwise requires: 1. " Fair market value" means the most likely price estimated in terms of money which the land would bring if exposed for sale in the open market, with reasonable time allowed in which to find a purchaser, buying with […]
12-1137. Applicability (Caution: 1998 Prop. 105 applies) If a conflict between this article and any other law arises, this article controls.
12-1138. Severability (Caution: 1998 Prop. 105 applies) If any provision of this act or its application to any person or circumstance is held invalid that invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this […]
